Redevlopment
rajeshshah
(Querist) 27 December 2014
This query is : Resolved
Required urgent help
In the year 2005 my co-op. hsg. Society situated at mumbai , about 40 years old, not at all in a dilapidated condition, consisting 30 flats, out of these 30 flats 27 flats belongs to 9 members who are relatives to each other, decided to go for the redevelopment, in the year 2006 general body meeting was called upon and decided to redevelop the building from the builder say “A”, and accordingly all the members signed the resolution including me. But in the redevelopment process no prescribed rules and regulations of the redevelopment followed like :
(1)Redevelopment is not as per the last
original sanctioned last plan of the
society
(2)No intimation to or presence of the
registrar.
(3)No tendering of the developer.
(4)No structural audit report obtained.
(5)No pmc etc.
(6)Members who have been encroached the
common plot of the society have been
compensated in terms of area in the
new building against their
encroachment ,and mainly those
encroachers are the committee members.
For example my carpet area is 1000 sq.
feet similarly another committee
member who has the same area have been
compensated more than me because of
the encroachment since his flat is on
the ground and he has encroached the
common plot of the society.
Since I am living in another city so I was not aware about these necessary requirements for the redevelopment at that time but after appointment of developer, I took the objection in this regard and sent the notices to the society regarding illegalities, non transparency, inequality in the redevelopment and demanded the related documents but society never co- operated to me on the contrary society replied me through its advocate that we have given all the documents to you now if you want any document than approach to the registrar.
In the year 2008 executed the development agreement which was signed all the members of the agreement except me and developer paid the corpus amount to all the members of the society except me on the contrary he never approached to me for signing the agreement and never offered me the corpus amount.
After executing the development agreement with the socity developer kept silence he had not initiated any progress towards the redevelopment (may be due to the slack position of the market) and in the year 2012 society sent the letter to the developer stating that if with in a certain time if redevelopment work will not initiated than society will forfeit the development agreement alongwith the corpus amount.
So In the year 2013 on the basis of P.O.A given by the society, developer as plaintiff filed the suit against me in the Bombay high court and claimed for crores of rupees stating that the delay has been caused because of me so he suffered the crores of rupees loss and in the motion of suit prayed to the court for interim order of vacating the flat and appointment of court receiver till the time redevelopment completes.
In the process of court I got some documents (Xerox) which are the strong evidences against the redevelopment carried.
And in the court proceeding developer in the plaint submitted (exhibited) the executed development agreement with fabrication and stated that all the members have been vacated their flat premises for redevelopment except me but the fact is that not a single member have vacated the flat and not a single member have got the amount of rent he also mentioned that he has received the IOD etc but the fact is no IOD have been obtained.
In the defend my advocate submitted the short reply and mentioned that my client has no objection for the redevelopment provided it should be as per the prescribed bye-laws and my client should be treated at par with other members ( another members having the exact area of flat comparing to defendant (me) are getting more area in the redevelopment and he also stated about the illegalities of the redevelopment but he had not submitted any evidence and on the contrary he requested to the court about calling upon the documents in relation with redevelopment but court had not heard to my advocate and have not allowed us to submit the evidence against the redevelopment on the contrary court had not ordered to the society for submission of necessary documents for redevelopment and in the motion passed the interim order for vacating the flat and if not vacated than appointment of court receiver and handing over the flat premises to the developer ( plaintiff).
So I went in the appeal but in the process of submission of appeal, the date of vacating the flat premises had come and receiver took the possession of the flat.
And on the very first day of hearing of appeal the court dismissed the appeal and upheld the order of the single judge but when my advocate stated about the illegalities in the redevelopment the concerned judges suggested us to file the separate suit for that.
So please suggest me that which type of the cases I have to file and get the stay order against the redevelopment till the time illegalities and non transparencies in the redevelopment gets proved and at present only my flat has been taken by the developer in his possession remaining all the members are there in the society nobody has vacated the flat premises whereas in the plaint it was falsely mentioned by the developer that all the members have vacated their flat premises and they are living as temporary transit.
Thanking you in advance
Devajyoti Barman
(Expert) 27 December 2014
Too long a query to reply.
Post the gist of it if you want reply.
Dr J C Vashista
(Expert) 28 December 2014
Too long story and not a query.
Engage and consult a local lawyer.
ajay sethi
(Expert) 28 December 2014
you have already engaged a local lawyer to fight your case in bombay high court . HC has directed you to vacate the flat . in appeal division bench has upheld the order.
in case HC has not considered the documents cited by you you can move SC in this regard . the order passed by HC needs to be perused for further advice .
H.M.Patnaik
(Expert) 29 December 2014
Well advised by Mr. Sethi
malipeddi jaggarao
(Expert) 29 December 2014
One has to see the order passed by High Court to you advice you further.
T. Kalaiselvan, Advocate
(Expert) 29 December 2014
You have been advised well by experts, for further clarifications you may consult your own lawyer who knows the subject matter properly and will be able to answer all your lengthy as well as short queries too.
rajeshshah
(Querist) 09 January 2015
Do not want to go to the supreme court, have not got any opportunity to submit the evidence and the case was dismissed so advocates of Mumbai are interested to see the matter and concerened evidence are requested to send their at the earliest I will either send them the soft copies by mail or courier them all the papers.
Thanks
